The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant actually received hospitalization treatment, and thus, did not deceiving an insurance company.

2. Determination means a patient’s treatment under the observation and management of a medical doctor while staying in a hospital for more than six hours pursuant to all the provisions of “detaileds on the criteria and method for applying medical care benefits” as publicly notified by the Ministry of Health and Welfare, where continuous observation of a medical doctor is required with respect to side effects or incidental effects of the patient’s disease, where the patient’s medical doctor’s constant observation is necessary, such as nutritional condition and the control of drinking food and plant is needed. As such, the patient’s pain and treatment need continuous implementation of drugs, etc., and thus, the patient’s pain is in a situation where the patient’s condition is unable to cope with pain or where the patient’s risk of infection exists, etc., and the patient’s treatment is being performed while staying in the hospital for more than six hours. However, determination of whether the patient is hospitalized based only on the patient’s symptoms, diagnosis and treatment procedures, and the patient’s actions, etc. should be made by considering

In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court in light of the aforementioned legal doctrine, the Defendant was not hospitalized at the time of each of the instant crimes or was hospitalized formally at the time of each of the instant crimes.

Even if the contents and purpose of the treatment were sufficient for the treatment and thus, it can be recognized that the defendant was not actually hospitalized. Thus, the above argument by the defendant is without merit.

The Defendant is residing in the children of high school students at the Ycheon-si around the instant case, and the children of high school students and his living South-North Korea, while the Defendant hospitalized in Gwangju.

B. The Defendant.